Chapter 8.64 — ABATEMENT OF WEEDS, SHRUBS, DEAD TREES AND CERTAIN WASTE MATTER

(a)

All weeds, dry grasses, dead shrubs, dead trees, rubbish or any material growing upon the streets, sidewalks or upon private property within the City of San Marcos, which bears seeds of a wingy or downy nature or which by reason of their size, manner of growth and location constitute a fire hazard to any building, improvements, crops or other property, and weeds and grasses which, when dry, will in reasonable probability constitute such a fire hazard, are hereby declared to be a public nuisance.

(b)

Cultivated and useful grasses and pasture shall not be declared a public nuisance. However, if the City Manager or his authorized representative shall determine it necessary to protect adjacent improved property from fire exposure, an adequate firebreak may be required.

(c)

The declared nuisance shall be removed according to the specifications set forth by the City Manager or his authorized representative, the standard of which shall be to ensure the safety of the neighboring property and residents.

Waste matter as hereinafter defined, which by reason of its location and character is unsightly and interferes with the reasonable enjoyment of property by neighbors, or which would materially hamper or would interfere with the prevention or suppression of fire upon the premises, or the abatement of a nuisance as defined by Section 8.64.010, is hereby declared a public nuisance.

Waste material is defined for the purpose of this chapter as unused or discarded matter having limited market value, which is exposed to the elements and is not enclosed in any structure or otherwise concealed from public view, and which consists (without limitation or exclusion by enumeration) or such matter and material as:

(a)

Rubble, asphalt, concrete, plaster, tile;

(b)

Rubbish, crates, cartons, metal and glass containers;

(c)

Vehicle bodies and parts.

If it is determined that a public nuisance, as herein defined, exists on any lot or premises, or upon any sidewalk, parking or street adjacent to such lot or premises, the City Manager shall cause a notice to be issued to abate such nuisance. Such notice shall be headed: "NOTICE TO CLEAN PREMISES" in letters not less one inch in length and which shall, in legible characters, direct the abatement of the nuisance and refer to this chapter, section, and subsection for particulars. Notices served by means of other than posting as provided by this chapter shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance.

The notice required by Section 6.64.040 of this Code may be served in any of the following manners:

(a)

By personal service on the owner, occupant or person in charge or control of the property.

(b)

By regular mail addressed to the owner or person in charge and control of the property, at the address shown on the last available assessment roll, or as otherwise known.

(c)

By posting at a conspicuous place on the land or abutting public right-of-way and insertion of an advertisement at least once a week for the period of two weeks in a newspaper of general circulation in the City of San Marcos. Said newspaper advertisement shall be a general notice that property in the City of San Marcos has been posted in accordance with this chapter and shall contain a general statement of the effect of such posting. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this chapter.

Within ten days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council of San Marcos. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than five days nor more than 30 days thereafter, it shall proceed to hear and pass upon such appeal; and the decision of the City Council thereupon shall be final and conclusive.

(a)

All waste materials as defined in Section 8.64.030 shall be removed within ten days from the date of notification as provided herein, by the property owner or agent of the owner, or the person in possession of any lot or premises within the City of San Marcos, as notified.

(b)

All weeds, grasses and similar materials as defined in Section 8.64.010 shall be removed within 21 days from the date of notification as provided herein, by the property owner or agent of the owner, or the person in possession of any lot or premises within the City of San Marcos, as notified.

(c)

If any appeal is made to the City Council, and the abatement order is upheld, the property owner, agent or possessor shall fulfill their abatement duty within ten days of the Council's decision by removing the nuisance.

If the owner fails or neglects to remove the nuisance as herein defined, within the time specified in this chapter, the City Engineer shall cause nuisance to be abated. The abatement work may be done by City crews or by private contractor. A report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council.

The City Clerk shall set the report specified in Section 8.64.080 and account for hearing by the City Council at the first regular or adjourned meetings which will be held at least seven and no more than 30 calendar days after the date of filing, and shall post a copy of said report and account and notice of the time and place of hearing in a conspicuous place at or near the entrance of the Council chambers in San Marcos City Hall.

The City Council shall consider the report specified in Section 8.64.080 and account at the time set for hearing, together with any objections or protests by any interested parties. Any owner of land or person interested therein may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall either approve the report and account as submitted, or as modified or corrected by the City Council. The amounts to approve shall be liens upon the respective parcels of land as they are shown upon the last available assessment roll, and determining that such weeds, grasses, dead trees, dead shrubs and waste matter constitute a public nuisance. The City Clerk shall prepare and file with the County Auditor of San Diego County a certified copy of such resolution of the City Council.

The City Clerk of the City of San Marcos may accept payment of any amount due at any time prior to the City Council hearing, as called for in Section 8.64.100 of this Code.

The provisions of Sections 39580 through 39586, inclusive, or the Government Code of the State of California are incorporated by reference and made a part of this chapter. The County Auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and, if delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as is provided for ordinary municipal taxes.

The owner, occupant or agent of any lot or premises within the City of San Marcos who shall permit or allow the existence of a public nuisance as defined in this chapter, upon any lot or premises owned, occupied or controlled by him, or who shall violate any of the provisions of this chapter, shall be guilty of an infraction and upon conviction thereof shall be punishable in accordance with Section 1.12.010.